2024 (7) TMI 1780

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....rd both the parties. Case file perused. 2. It emerges at the outset that the assessee's sole substantive grievance raised in the instant appeal challenges correctness of both the learned lower authorities action disallowing sec.11 exemption on account of it's failure in uploading the relevant audit report in Form-10B in the course of CPC "processing" dated 08.03.2022 as upheld in the Addl/JCIT's lower appellate discussion as under : "5. Appellant Order: On thorough perusal of the grounds of appeal raised and the submissions made by the appellant, in response to intimation u/s 143(1)(a), it is observed the appellant has filed the return of income on 07/11/2022 declaring the income of Rs.2.31,302/- and claimed the exempti....

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.... granting exemption u/s. 11 & 12 of the Act. The Id. CIT(A) has held that Form No. 10B was filed manually on 03/03/2020 during the appellate proceedings but no evidence of the Form 10B when was uploaded electronically by the assessee which is mandatory as per Section 12A(1)(b) of the Act read with Rule 17B of the Income Tax Rules. However, the Id. CIT(A) has observed that the assessee is free to file the said Form 10B online and/or approach the CIT-(Exemption), Ahmedabad after filing Form 10B electronically and to condone the delay in accordance with the delegated powers vested u/s.119(2)(b) of the Act. Such a power u/s.119(2)(b) is not vested with Id. CIT(A). Therefore, the Id. CIT(A) dismiss the appeal filed by the assessee. Now before th....

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.... of GICEA vs. CIT(E) [2023] 147 taxmann.com 283 (Guj.) in light of the admitted factual position that the assessee had filed it's return on 07.11.2022 than within the "due date" on 07.10.2022. And that the said return filed was also accompanied by Form-10B as it is clear from the lower appellate discussion. It is accordingly claimed that the foregoing return was well within the due date once the CBDT had extended time limitation in the impugned assessment year. It is lastly stated be that as it may, various judicial precedents; more particularly, in case of M/s. Social Security Scheme of GICEA vs. CIT(E) (supra) already settle the issue that such a compliance of uploading Form 10B is only a directory than a mandatory provision. 4. Learne....